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(영문) 대전지방법원 천안지원 2015.02.05 2014고단1584

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:20 on May 31, 2014, the Defendant, on the ground that the victim E (the age of 21) who flabing alcohol on the side table table, while drinking alcohol at the main point of “D,” located in the Dong-gu, Dong-gu, Chungcheongnam-gu, Seoul, had been drinking, the Defendant flabed the Defendant, and flabed the victim’s head on one occasion, and inflicted an injury on the victim at least two open wifes in need of treatment for about seven days.

Summary of Evidence

1. Defendant's legal statement;

1. Ethical letters;

1. Application of the Acts and subordinate statutes on the medical certificate of injury, scene, and victim photographs;

1. Article 3 (1), Article 2 (1) 3, and Article 257 (1) of the Punishment of Violences, etc. Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the nature of the crime is not less and less than that of the crime in this case in light of the form of the crime, the means of the crime, the circumstances of the crime, etc.; (b) the damage of the victim was recovered or not reached an agreement; and (c) the fact that there was a history of punishment for the

On the other hand, however, the punishment like the order shall be determined by taking into account the following factors: the defendant's mistake is divided, the defendant is sentenced to a fine, the victim's injury is relatively minor, and all sentencing factors shown in records and arguments are considered.